Bombay High Court
M/S. Nikita Udyog vs M/S. Afx-Q Engineers And Anr on 17 January, 2024
Author: Prakash D. Naik
Bench: Prakash D. Naik
2024:BHC-AS:2812
This Order is modified/corrected by Speaking to Minutes Order dated 23/01/2024
5-IA-2677-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2677 OF 2023
IN
CRIMINAL REVISION APPLICATION NO. 373 OF 2016
M/s. Nikita Udyog ...Applicant/Ori.
Respondent No.1
IN THE MATTER BETWEEN
M/s. AFX+Q Engineers And Anr. ...Applicants
Versus
The State of Maharashtra ...Respondent
....
Mr. Anil Kumar Matte, Advocate for the Applicant.
Mr. Gandhar Raikar, Advocate for Respondent No.1/Revision Applicant.
Mr. Arfan Sait, APP for Respondent-State.
....
CORAM : PRAKASH D. NAIK, J.
DATE : 17th JANUARY, 2024.
P.C.:
1. This Application is preferred by the original complainant
for allowing the complainant to withdraw the amount of
Rs.6,37,000/- deposited by the revision applicant before the trial
SUNNY ANKUSHRAO
ANKUSHRAO THOTE
THOTE Date:
2024.01.20
16:56:14 +0530 Court and to direct the revision applicant to deposit the balance
amount of Rs.19,13,000/- before the trial Court.
2. The Applicant has been convicted for the offence under
Section 138 of Negotiable Instruments Act. The conviction is
confirmed by Appellate Court. The Applicant was convicted in four
Sunny Thote 1 of 4
This Order is modified/corrected by Speaking to Minutes Order dated 23/01/2024
5-IA-2677-2023.doc
cases and sentenced to imprisonment of three months and pay
compensation of Rs.4,50,000/-, Rs.5,00,000/-, Rs.10,00,000/- and
Rs.6,00,000/- respectively. The conviction is challenged by
preferring Criminal Revision Application No.373 of 2016, 374 of
2016, 375 of 2016 and 376 of 2016.
3. Vide Order dated 22nd February, 2018, the sentence was
suspended and the revision applicant was directed to be released
on bail on executing fresh bond of Rs.20,000/-. He was also
directed to mark his presence to Shahupuri Police Station. It was
also observed that question of directing the Applicants to deposit
further amount towards the compensation shall be considered on
the next date of hearing.
4. Learned Advocate for the Applicant submitted that the
revision applicant has been convicted by the trial Court and the
conviction is confirmed by the Sessions Court. The amount of
Rs.6,37,000/- may be allowed to be withdrawn by the
Applicant/complainant and that the Accused may be directed to
deposit the balance amount. It is also submitted that the revision
applicant has not complied the directions of reporting the
concerned Police Station.
Sunny Thote 2 of 4
This Order is modified/corrected by Speaking to Minutes Order dated 23/01/2024
5-IA-2677-2023.doc
5. Learned Advocate for the Respondent submitted that
during COVID period the Police were not permitting attendance to
Police Station. The amount of Rs.6,37,000/- may not be allowed to
be withdrawn as there is no provision for withdrawal. Revision has
to be heard finally. The Court has suspended the sentence in
exercise of powers under Section 389 of Cr.P.C. and the Order
passed by this Court does not stipulate withdrawal of the amount
deposited by the revision applicant.
6. the revision applicant has been convicted by the Court of
learned Metropolitan Magistrate vide Order dated 20 th June, 2014
and sentenced to suffer simple imprisonment for three months and
to pay compensation The revision applicant had preferred an
appeal challenging the Judgment of conviction. The appeal has
been dismissed vide Judgment and Order dated 5 th May, 2016. The
subject cheque was issued in the year 2013.
7. Considering the aforesaid circumstances, the
complainant can be permitted to withdraw the amount of
Rs.6,37,000/- with accrued interest, if any, deposited in this Court
subject to filing an undertaking that in the event the revision
application is allowed and conviction is set aside the complainant
would redeposit the said amount in this Court. As far as further
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This Order is modified/corrected by Speaking to Minutes Order dated 23/01/2024
5-IA-2677-2023.doc
depositing the amount is concerned in view of Order dated 7 th
December, 2023 passed by this Court, the revision application be
listed for final hearing on 14th February, 2024.
8. Interim Application stands disposed off.
(PRAKASH D. NAIK, J.)
Sunny Thote 4 of 4
